State Ex Rel. Weary v. State

KNOLL, Justice,

dissenting in part and concurring in part from the granting of the writ.

| Relator was convicted of first-degree murder and sentenced to death in March 2002. On April 24, 2006, this Court affirmed the conviction and sentence on direct appeal1 and the United States Supreme Court denied certiorari on November 27, 2006.2 In December 2006, relator filed a “shell” application for post-conviction relief in the district court.3 The district court denied relator’s pro se application in February 2007. This Court, however, issued an order setting aside the district court’s ruling,…